Fee Award Excessive

July 31, 1998

LVT Number: 12498

Landlord sued to evict tenant for owner occupancy. The court and appeals court ruled against landlord. Tenant then asked for attorney's fees. The court ruled for tenant and awarded him $425,000. Landlord appealed, claiming this amount was excessive. The court ruled for landlord and reduced the attorney's fees to $265,000. Some of the work for which fees were claimed was unnecessary or was done in connection with unrelated matters. Tenant's attorney also assigned work in the case to 25 different associates and billed for various unsuccessful pretrial motions.

Landlord sued to evict tenant for owner occupancy. The court and appeals court ruled against landlord. Tenant then asked for attorney's fees. The court ruled for tenant and awarded him $425,000. Landlord appealed, claiming this amount was excessive. The court ruled for landlord and reduced the attorney's fees to $265,000. Some of the work for which fees were claimed was unnecessary or was done in connection with unrelated matters. Tenant's attorney also assigned work in the case to 25 different associates and billed for various unsuccessful pretrial motions.

Nestor v. Britt: NYLJ, p. 32, col. 1 (7/2/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Freedman, JJ)

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